OpenLegislation

Section 225 Extinguishment of rights of telecommunications code system operators: preliminary notices.C1C2C3C4C5C6C7C8C9C10C11

Scotland

(1)

This section applies where any land has been acquired by a Minister, a planning authority or statutory undertakers under Part VIII or under Chapter V of Part I of the M1Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or compulsorily under any other enactment or has been appropriated by a planning authority for planning purposes, and—

(a)

there subsists over that land a right conferred by or in accordance with the F1electronic communications code on the operator of F2an electronic communications code network, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, or

(b)

there is on, under or over the land F3electronic communications apparatus kept installed for the purposes of any such F4network.

(2)

For the purposes of this section the relevant period, in relation to a notice served in respect of any right or apparatus, is the period of 28 days from the date of service of the notice or such longer period as may be specified in it in relation to that right or apparatus.

(3)

If the acquiring or appropriating authority is satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, they may serve on the operator of F5the electronic communications code network a notice—

(a)

stating that at the end of the relevant period the right will be extinguished, or

(b)

requiring that before the end of that period the apparatus shall be removed.

(4)

The operator of the electronic communications code network on whom a notice is served under subsection (2) may, before the end of the period of 28 days from the date of service of the notice, serve a counter-notice on the acquiring or appropriating authority—

(a)

stating that he objects to all or any of the provisions of the notice, and

(b)

specifying the grounds of his objection.

(5)

If no counter-notice is served under subsection (4)—

(a)

any right to which the notice relates shall be extinguished at the end of the relevant period, and

(b)

if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

(6)

If a counter-notice is served under subsection (4) on a planning authority or on statutory undertakers, the authority or undertakers may either—

(a)

withdraw the notice (without prejudice to the service of a further notice), or

(b)

apply to the F6Scottish Ministers for an order under this section embodying the provisions of the notice, with or without modification.

(7)

If a counter-notice is served under subsection (4) on F7the Scottish Ministers—

(a)

F8they may withdraw the notice (without prejudice to the service of a further notice), or

(b)

theymay make an order under this section embodying the provisions of the notice, with or without modification.

(8)

In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 201(1) as if this section were in Part VIII.

Annotations

Textual amendments

F1

Words in ss. 225-227 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 13(1)(e)(2)(e)

F2

Words in ss. 225-227 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 13(1)(e)(2)(a)

F3

Words in ss. 225-227 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 13(1)(e)(2)(d)

F4

Word in ss. 225-227 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 13(1)(e)(2)(f)

F5

Words in ss. 225-227 substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 13(1)(e)(2)(b)

F6

Words in s. 225(6)(b) substituted (1.7.1999) by 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 127(8)(a); S.I. 1998/3178, art. 3

F7

Words in s. 225(7) substituted (1.7.1999) by 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 127(8)(b)(i); S.I. 1998/3178, art. 3

F8

Words in s. 225(7) substituted (1.7.1999) by 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 127(8)(b)(ii); S.I. 1998/3178, art. 3

Marginal citations

M1

1997 c. 9.

Modifications

C1

Ss. 224-227 applied (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 4 para. 4(5)(6)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

C2

Ss. 224-227 applied (with modifications) (11.8.2004) by Stirling-Alloa-Kincardine Railway and Linked Improvements Act 2004 (asp 10), Sch. 9 para. 1 (with s. 33)

C3

Ss. 224-227 applied (with modifications) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), Sch. 9 para. 1 (with s. 75)

C4

Ss. 224-227 applied (with modifications) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), sch. 9 para. 1 (with ss. 76, 84)

C5

Ss. 224-227 applied (with modifications) (24.7.2006) by Waverley Railway (Scotland) Act 2006 (asp 13), sch. 8 (with ss. 50(2), 51)

C6

Ss. 224-227 applied (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), sch. 7 para. 1 (with s. 50)

C7

Ss. 224-227 applied (with modifications) (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), sch. 7 (with ss. 52, 60)

C8

Ss. 224-227 applied (with modifications) (8.5.2007) by Airdrie-Bathgate Railway and Linked Improvements Act 2007 (asp 19), sch. 7 (with ss. 48, 59)

C9

Ss. 224-227 applied (with modifications) (1.6.2010) by The Network Rail (Waverley Steps) Order 2010 (S.S.I. 2010/188), art. 1, sch. 7 para. 1

C10

Ss. 224-227 applied (with modifications) (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 57, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.

C11

Ss. 224-227 applied (11.4.2017) by The Network Rail (Glasgow Queen Street Station) Order 2017 (S.S.I. 2017/100), art. 1, sch. 7 para. 1(1) (with art. 37, sch. 7 paras. 1(6), 2)

Notes on Part X

Modifications

C1

Pt. X applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 31(3) (with arts. 4, 5)